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(영문) 대구지방법원 포항지원 2018.07.25 2018고단570
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 2, 201, the Defendant issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act at the port support of the Daegu District Court on the same day, and on April 29, 2014, a summary order of KRW 1,50,000 as a fine for the same crime at the same court on the same day, and was punished for drinking driving two times or more.

[Criminal facts] The Defendant is a person who is engaged in driving of CPoter-II freight vehicles.

1. On April 30, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above cargo vehicle while under the influence of alcohol 0.190% in blood at around 19:00, while driving it at the speed of 0.190% in the south-gu of the port of port, and driving the two-lane road in front of the E cafeteria located in the south-gu of the port of port along the speed of 40km in the speed of the city in the direction of air condition.

At the time, the passenger car driven by the Defendant F.F.(40) is stopping in accordance with the vehicle stop signals. In such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as a person engaged in driving the vehicle, a person with a duty of care to live well before and after the vehicle, and a person with a duty of care to safely drive the vehicle, by maintaining a sufficient distance from the vehicle driven on the front side.

Nevertheless, under the influence of alcohol, the Defendant was found to have stopped the victim’s car while driving it as is, due to the negligence of finding it late after the victim’s car stops, and received the part of the victim’s vehicle behind the Defendant’s freight vehicle.

Ultimately, Defendant 2 suffered injury, such as salt, tensions, etc., in need of approximately two weeks of treatment by negligence in the course of business as above.

2. The Defendant violated the Road Traffic Act (drinking) driven the Poter-II truck under the influence of alcohol with approximately 150 meters alcohol concentration 0.190% from the Do in front of the “I” restaurant located in Nam-gu, Southern-gu, at the time of the day specified in paragraph 1 to the place of the accident described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The F Statement;

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